Chandan Kumar Singh @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21771 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Chandan Kumar Singh @ Chandan Singh Son of Late Anil Singh @ Late Anil Kumar Singh Resident Of Village- Ojhaul, Ps- Bahadurpur, Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Adv.

Ms. Nikita Mittal, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 304 of 2024 dated 13.08.2024 registered for the offence punishable under Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita 2023.

3. The prosecution case, in short, is that during course of vehicle checking the co-accused Sourav Kumar was riding a scooty, who was apprehended by the police party and on demand of papers of the said vehicle, no paper was produced before the police. It is submitted that coaccused Sourav Kumar submitted that he had been using the said vehicle since long and it was given by the co-accused Kundan Singh.

4. Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.21771 of 2025(2) dt.23-04-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. It is submitted that the co-accused Sourav Kumar was working in the house of the petitioner. The petitioner had no knowledge about using of the aforesaid motorcycle by him. Moreover, the said Sourav Kumar has been granted bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 70986 of 2024. Lastly, it has been submitted that the petitioner is in custody since 07.12.2024, having nine criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Darbhanga in connection with Bahadurpur P.S. Case No. 304 of 2024, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every

Patna High Court CR. MISC. No.21771 of 2025(2) dt.23-04-2025 3/3 date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner shall appear before the Police Station of his local area every fortnight to mark his attendance till conclusion of the trial.

(Khatim Reza, J) prabhat/- U T